Indemnity Waiver Template for Austria

This Indemnity Waiver is essential for businesses and organizations operating in Austria who need to manage liability risks in their operations. It serves as a risk management tool that complies with Austrian legal requirements, including the ABGB and KSchG. The document is particularly valuable when activities involve inherent risks or when parties need to clearly define liability boundaries. It includes mandatory provisions under Austrian law, such as non-waivable rights protections, clear risk disclosures, and specific carve-outs for gross negligence or intentional misconduct. The waiver is structured to be enforceable under Austrian jurisdiction while maintaining fairness and transparency between parties.

1. Parties: Identification of all parties involved in the waiver agreement, including full legal names and addresses

2. Background: Context of the waiver, describing the relationship between parties and the activities or circumstances covered

3. Definitions: Clear definitions of key terms used throughout the document, including 'Indemnified Parties', 'Claims', and 'Losses'

4. Scope of Waiver: Detailed description of what risks, activities, and potential claims are covered by the waiver

5. Indemnification Provisions: Specific terms of the indemnification, including what losses or damages are covered and any limitations

6. Exceptions and Limitations: Clear statement of what is not covered by the waiver, including non-waivable rights under Austrian law

7. Representations and Warranties: Statements by the parties regarding their understanding of the risks and capacity to enter into the agreement

8. Duration: Period during which the waiver remains effective

9. Governing Law and Jurisdiction: Explicit statement that Austrian law governs and specification of jurisdiction for disputes

10. Severability: Provision ensuring that if any part is found invalid, the rest remains effective

11. Entire Agreement: Confirmation that the document represents the complete agreement between parties